Issues in Autonomous Vehicle Deployment

Summary

Autonomous motor vehicles have been a topic of congressional hearings in recent years. Congress is considering legislation that would, for the first time, provide new regulatory tools to the National Highway Traffic Safety Administration (NHTSA) to oversee autonomous vehicles.

As the capacity of compact computers has gone up and their cost has dropped, the prospect of converting many driver-controlled functions to technology-control has increased significantly. Consumers are demanding that their vehicles have more telecommunications applications, while ride-sharing has prompted new concepts of mobility for the elderly and disabled, and people who do not own cars. In addition, more autonomous vehicles are seen as a way to reduce U.S. motor vehicle fatalities. There were over 40,000 deaths from traffic accidents in 2016, nearly all caused by driver error.

The federal government and the states share motor vehicle regulation, with the federal government responsible for vehicle safety and states for driver-related aspects such as licensing and registration. While NHTSA has the statutory authority to regulate all types of motor vehicles, its traditional standard-setting process would take many years at a time when vehicle innovation is changing rapidly; standards envisioned now could be obsolete by the time they took effect. In the absence of NHTSA regulation of autonomous vehicles, nearly half the states have enacted laws on different aspects of autonomous vehicle deployment, resulting in a patchwork of state regulation.

On September 6, 2017, the House of Representatives passed by voice vote H.R. 3388. The legislation, which incorporates some provisions recommended in a 2016 U.S. Department of Transportation (DOT) report and also in a later 2017 DOT report, would preempt state regulation of some aspects of autonomous vehicle deployment, while providing new regulatory tools to NHTSA. H.R. 3388 would

preempt states from regulating the design of autonomous vehicles, unless those laws are identical to federal law;

expand NHTSA’s authority to grant exemptions from its standards to encourage innovation;

require each manufacturer to submit a “safety assessment certification” showing how it is addressing autonomous vehicle safety;

mandate within one year of enactment a NHTSA report indicating what federal safety standards must be updated and listing its vehicle safety priorities; and

require manufacturers to develop and publicize to consumers their cybersecurity and data privacy plans.

The legislation would also establish an advisory committee, a new regulation for rear-seat occupant alerts (to reduce infant fatalities), and a review of headlamp standards. H.R. 3388 has been referred to the Senate Committee on Commerce, Science, and Transportation; members of that committee have issued principles to guide them in developing similar legislation.